Case Note & Summary
The writ petition was filed by Bhartidevi Wd/o Motiram Moryani before the High Court of Judicature at Bombay, Nagpur Bench, challenging the order dated 24/09/2024 passed by the Minister of Excise, State of Maharashtra, rejecting her revision petition, and the order dated 25/09/2024 passed by the Collector, Nagpur, implementing the revisional order. The dispute concerned a CL-III country liquor license originally issued in 1974 to Madhav Prasad Jaiswal. After his death, the license was transferred to Smt. Jamunadevi Jaiswal in 1989, then to Smt. Sandhya Jaiswal in 1999, and finally to the petitioner in 2002 for consideration of Rs. 18 lakhs, with the petitioner depositing Rs. 5,85,000 as privilege fees. In 2004, respondents began raising grievances about the transfer, leading to a series of proceedings. The Collector initially held the transfer legal on 17/05/2005, but later on 12/05/2008 suspended the license, claiming review power conferred by the State Government. The petitioner's appeal was rejected by the Commissioner on 06/10/2008, but her revision was allowed on 28/08/2009. Respondent No.6 filed a writ petition, which was partly allowed on 16/09/2022, remanding the matter to the revisional authority with protection for six weeks. The petitioner's SLP was disposed of by the Supreme Court on 05/08/2024, confirming the remand and extending protection. The petitioner then sought adjournment due to hospitalization, but the Minister rejected the revision on 24/09/2024 without granting further hearing. The petitioner raised three main legal issues: violation of natural justice due to denial of opportunity of hearing, lack of review power by the Collector, and malafide exercise of power by the revisional authority to favor a relative of respondent. She cited I.T.C. Bhandrachalam Paperboards, Laxman R. Vajage, and Nilesh Jadhav (incomplete citation). The court heard arguments and reserved judgment on March 19, 2025. The final decision and ratio decidendi are not available in the provided excerpt, as the judgment text ends during the petitioner's arguments.
Headnote
A) Administrative Law - Natural Justice - Opportunity of Hearing - Maharashtra Prohibition Act, 1949, Section 137(2) - The petitioner challenged the revisional order dated 24/09/2024 on ground that the Minister did not grant ample opportunity of hearing as directed by the Supreme Court, despite petitioner's hospitalization and medical condition (Gastro Oesophageal Reflux Disease, Hypertension, major surgery); petitioner contended breach of natural justice. The court's decision on this issue is not mentioned in the provided excerpt. (Paras 8-9)
B) Administrative Law - Power of Review - Collector's Review Jurisdiction - Maharashtra Prohibition Act, 1949 - The petitioner contended that the Collector lacked power of review to suspend the license and that the revisional order left this issue unanswered; this was a core legal issue. The court's decision is not mentioned. (Paras 10-11)
C) Administrative Law - Malafide Exercise of Power - Revisional Authority's Bias - The petitioner alleged that the revisional authority acted malafide to favor a relative of respondent (MLA Ashish Jaiswal) and that extraneous considerations influenced the decision. The court's decision is not mentioned. (Para 9)
Issue of Consideration
Whether the revisional authority (Minister of Excise) violated principles of natural justice by denying ample opportunity of hearing; whether the Collector had power of review to suspend the license; whether the revisional order was malafide and based on extraneous considerations.
Law Points
- Natural justice
- opportunity of hearing
- power of review
- revision jurisdiction
- Maharashtra Prohibition Act
- 1949
- Maharashtra Country Liquor Rules
- 1973
- CL-III license transfer
- malafide exercise of power
Case Details
2025 LawText (BOM) (05) 68
Writ Petition No. 6228/2024
Shri Sunil Manohar, Senior Advocate, Shri A.S. Manohar, Shri Y.N. Sambre, Shri F.T. Mirza, Senior Advocate, Ms. D. I. Charlewar, Shri S.M. Puranik, Shri M.P. Khajanchi
Bhartidevi Wd/o Motiram Moryani
State of Maharashtra, The Collector Nagpur, The Commissioner of State Excise, Chandrabhushan Jaiswal (deceased) through LRs (Smt. Sandhya Jaiswal, Ku. Khushboo Jaiswal, Ku. Shradha Jaiswal, Ku. Sarika Jaiswal, Shri Ankesh Jaiswal), Smt. Sandhya Jaiswal, Smt. Anita Jaiswal, Mr. Vipin Itankar
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Nature of Litigation
Writ petition under Article 226 of the Constitution of India challenging orders of the Minister of Excise and Collector in a country liquor license transfer dispute.
Remedy Sought
Petitioner sought quashing of the order dated 24/09/2024 passed by the Minister of Excise rejecting her revision petition and the order dated 25/09/2024 passed by the Collector, Nagpur, implementing the revisional order.
Filing Reason
The Minister rejected the revision petition without granting ample opportunity of hearing as directed by the Supreme Court, and the order was alleged to be malafide and legally erroneous, including non-consideration of the review power issue.
Previous Decisions
Collector initially held the transfer legal on 17/05/2005; later suspended license on 12/05/2008; Commissioner rejected appeal on 06/10/2008; Minister allowed revision on 28/08/2009; High Court partly allowed writ petition on 16/09/2022 and remanded with protection; Supreme Court confirmed remand on 05/08/2024.
Issues
Whether the revisional authority (Minister of Excise) violated principles of natural justice by denying ample opportunity of hearing to the petitioner in light of her medical condition and the Supreme Court's direction.
Whether the Collector had power of review to suspend the license, and whether the revisional order failed to address this legal issue.
Whether the revisional order was malafide and passed for extraneous considerations to favor a relative of respondent No.6.
Submissions/Arguments
The order dated 24/09/2024 is based on conjectures and surmises and is malafide, passed to support MLA Ashish Jaiswal, nephew of respondent No.6, who was present at the hearing.
The Minister failed to grant effective opportunity of hearing despite the Supreme Court's direction; petitioner was suffering from Gastro Oesophageal Reflux Disease, Hypertension, and had undergone major surgery, requiring bed rest.
The impugned order left unanswered the issue whether the Collector could exercise power of review, rendering it ex-facie illegal.
Relied on I.T.C. Bhandrachalam Paperboards, Laxman R. Vajage, and Nilesh Jadhav (citation incomplete) to support contentions.
Judgment Excerpts
The present Writ Petition is filed by the Petitioner challenging the order dated 24/09/2024 passed by the Hon’ble Minister of Excise, State of Maharashtra rejecting the Revision Petition filed by the Petitioner and the order dated 25/09/2024 passed by the Respondent No. 2 – Collector, Nagpur and its implementation of the order dated 24/09/2024.
On 31/03/2002, the said CL-III License, which was in the name of Sandhya Jaiswal, was transferred in the name of the present Petitioner by accepting the consideration of Rs. 18 lakhs, whereas the Petitioner had also deposited five times the privilege fees to the State Government i.e. Rs. 5,85,000/- for transfer of the said License.
The Minister ought to have granted appropriate time to the present Petitioner inasmuch as the Petitioner was suffering from Gastro Oesophageal Reflux Disease, Hypertension and had undergone major surgery and was advised complete bed rest.
Procedural History
In 1974, CL-III License issued to Madhav Prasad Jaiswal. License revalidated in 1984 by Jamunadevi Jaiswal. Madhav Prasad died on 08/10/1988. License transferred to Jamunadevi on 22/02/1989. Shifted to Kandri on 27/02/1989. Sandhya Jaiswal inducted as partner on 31/03/1989; Jamunadevi withdrew in September 1999. License shifted to Shanti Nagar, Nagpur on 05/07/1999. Transferred to petitioner on 31/03/2002. In 2004, respondent No.6 raised grievance. Collector held transfer legal on 17/05/2005. State directed review on 15/07/2005. Collector suspended license on 12/05/2008. Petitioner's appeal rejected on 06/10/2008. Revision allowed on 28/08/2009. Respondent No.6 filed writ petition on 14/01/2010. High Court partly allowed and remanded on 16/09/2022. Petitioner filed SLP No. 19181/2022 on 14/10/2022. Supreme Court stayed High Court order on 22/11/2022. Supreme Court confirmed remand on 05/08/2024. Petitioner hospitalized from 29/08/2024 to 16/09/2024. Minister rejected revision on 24/09/2024. Present writ petition filed thereafter.
Acts & Sections
- Maharashtra Prohibition Act, 1949: Section 137(2)
- Maharashtra Country Liquor Rules, 1973: Rule 28
